HomeMy Public PortalAbout02-22-1994 _ 21
PROCEEDINGS OF THE_COMMON_COUNCIL OF THE
CITY_OF RIC—HMOND—_LNDIANA_TUESDAY_PEBR_UARY22-1994
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday,
2 February 22, 1994, in the Council Chambers in said City. President Lundy presided with the following
3 Councilmembers present: Howard "Jack" Elstro, Jane Brookbank, Mary Ellen Donat, Don McBride, Larry
4 Parker, Gene Allen, Bob Dickman and Sally Hutton.The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER ELSTRO
9
10 ROLL CALL
11
12 Nine present.
13
' 14 APPROVAL OF MINUTES OF JANUARY 20 AND FEBRUARY 7.1994
15
16 The minutes of January 20 and February 7, 1994 were approved through a motion by Councilmember
17 McBride, second by Councilmember Hutton and was carried on a unanimous voice vote.
18
19 COMMUNICATIONS FROM THE MAYOR
20
21 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
22
23 REPORT FROM CITY DEPARTMENTS
24
25 REPORT FROM OTHER OFFICES
26
27 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
28
29 The minutes of the February 3 and February 10, 1994 meetings had been placed in the Council packets.
30
31 Councilmember Donat commented on the newspaper article about the action of the Board of Works on
32 February 10 where members voted to charge a fee of $1 per page for copies of documents filed in the City
33 Clerk's office. She said that did not sound like a large amount but she felt that some people could not afford
34 it. She said she called Morrisson-Reeves Library and learned that a fee of 10 cents per page is charged for
35 copies. She said she learned that at one time the library received all the minutes, ordinances and codes as
36 soon as they were passed so they would be available to copy. She said she would like to see that policy
37 continued, adding that if they are provided, the reference department staff would be glad to assist those
38 needing copies.
39
40 Councilmember Donat said she had talked to Janet Hibner, director of Administration and Board of Works
41 member, about the matter and saw that she was in the audience and asked her to step forward. Hibner said
42 that prior to adoping the fee schedule the Board did a survey and found that for years, the clerk's office as
43 well as the recorder's office in the county charged $1 per page for documents and the Richmond Police
44 Department charges $3 per page, therefore the Board felt that $1 per page for an official document
45 regarding an adopted ordinance or any kind of agreements in the City Clerk's office is a fair fee. She added
46 that the City did supply the library with a copy of the City Code Book. Councilmember Donat said she would
47 like to see the official documents and minutes of all City meetings provided to the library. President Parker
48 said he had no idea who would make that decision, but guessed it would either be the Mayor's office or the
49 City Clerk's. He said he would talk with the Mayor and report back to Council.
50
51 Councilmember Elstro asked Hibner about whether or not anybody goes out and looks for junk cars. She
52 answered that in order to enforce removal of junk cars her office needs a clear and accurate description of
53 the address and vehicles and those citizens wishing to register a complaint may call either the Department of
54 Law, Permits and Inspections or the Police Department. She said it will be investigated as to whether or not
55 they are abandoned vehicles. She added that in regard to other types of junk and litter, her department still
56 has the same four inspectors who investigate those claims. Councilmember Elstro asked if they went out on
57 their own to look for junk cars and Hibner answered they only go if a call has been made to her department.
58
59 REPORTS FROM SPECIAL COMMITTEES
60
61 None were presented.
62
63 REPORTS FROM STANDING COMMITTEES
64
65 None were presented.
422
Common Council Minutes Cont'd
February 22, 1994
Page 2
REPORTS FROM OTHER COUNCIL COMMITTEES
None were presented.
ORDINANCES
7
8 ORDINANCES ON FIRST READING
9
1 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances
1 No. 9, 10, 11, 13, 14, 15 and 16 - 1994, second by Councilmember Dickman, but Councilmember Lundy
1 said she wished to have Ordinance No. 11 - 1994 read in its entirety, and the motion was carried on a
1 unanimous voice vote.
1
1 ORDINANCE NO.9-1994
1
1 The Clerk read Ordinance No. 9 - 1994 - A GENERAL ORDINANCE AMENDING THE ZONING
1 ORDINANCE, BEING CHAPTER 154 OF THE RICHMOND CODE
1
2 President Parker announced Ordinance No. 9- 1994 would go to Planning.
2
2 ORDINANCE NO. 10-1994
2
2 The Clerk read Ordinance No. 10 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP ON
2 THE SOUTH SIDE OF COLLEGE CORNER ROAD APPROXIMATELY 300 FEET WEST OF SALISBURY
2 ROAD
2
26 President Parker announced the Ordinance No. 10 -1994 would go to Planning.
2°
30 ORDINANCE NO. 11 -1994
3
3 The Clerk read Ordinance No. 11 - 1994 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY
3 OF RICHMOND TO RECEIVE DONATIONS
3•
3 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific
3° purpose, and
3
3: "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of such
3• property for the intended purpose,
4'
4 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
4 following donations be gratefully accepted and hereby acknowledged with the heart-felt gratitude of the
4 citizens of Richmond,to wit:
4
4 FRATERNAL ORDER OF EAGLES-AERIE 666
4
4 $5,000 cash gift for the DARE program.
4: $2,300 cash gift for communications equipment for the scuba rescue team.
4° $1,900 cash gift for two bicycles and related equipment for the Bicycle Patrol Officers.
50
5 Councilmember Allen asked if the City Clerk's office sent out acknowledgement of these gifts and City Clerk
5 Norma Carnes answered that it did not. Councilmember Allen said it seemed appropriate that someone
5 should do that, adding that according to a new IRS code, in 1994 every person who receives a donation
5, needs to give a stated receipt for it. She said she would like to see that written into the record and Carnes
5 said she would check to make sure that has been done.
5°
57 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 11 - 1994 to second
5: reading and read by title only, second by Councilmember Hutton and the motion was carried on a
5° unanimous voice vote.
60
6 The Clerk read Ordinance No. 11 - 1994 on second reading.
6
6 President Parker declared Ordinance No. 11 - 1994 on public hearing.
6,
6 There being no comments either for or against Ordinance No. 11 - 1994, Councilmember Hutton moved for
engrossment, second by Councilmember Lundy and the motion was carried on a unanimous voice vote.
42.3
Common Council Minutes Cont'd
February 22. 1994
Page-3 _
1
2 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 11 - 1994 to third and
3 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
4 unanimous voice vote.
5
6 Councilmember Parker voiced his appreciation for the gift. Councilmember McBride said this follows the
7 policy of giving to the City that the Eagles has done every year.
8
9 The Clerk read Ordinance No. 11 - 1994 on third reading.
10
11 Ordinance No. 11 -1994 was adopted on the following call of the roll:
12
13 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9)
14 Nays: None
15
16 ORDINANCE NO.13-1994
17
18 The Clerk read in its entirety Ordinance No. 13- 1994-AN APPROPRIATION ORDINANCE AUTHORIZING
19 THE CITY OF RICHMOND TO RECEIVE A DONATION
20
21 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific
22 purpose, and
23
24 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of such
25 property for the intended purpose,
26
27 NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
28 donation of $50.00 for the use of the Police Department in support of the K-9 Unit is hereby gratefully
29 accepted as the generous gift of The First Baptist Church and is hereby acknowledged with the heart-felt
30 gratitude of the citizens of Richmond."
31
32 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 13 - 1994 to second
33 reading and read by title only, second by Councilmember McBride and the motion was carried on a
34 unanimous voice vote.
35
36 The Clerk read Ordinance No. 13- 1994 on second reading.
37
38 President Parker declared Ordinance No. 13- 1994 on public hearing.
39
40 There being no comments either for or against Ordinance No. 13 - 1994, Councilmember McBride moved for
41 engrossment,second by Councilmember Lundy and the motion was carried on a unanimous voice vote.
42
43 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 13 - 1994 to third and final
44 reading and read by title only, second by Councilmember Brookbank and the motion was carried on a
45 unanimous voice vote.
46
47 The Clerk read Ordinance No. 13- 1994 on third reading.
48
49 President Parker expressed his appreciation to The First Baptist Church for its donation.
50
51 Ordinance No. 13 -1994 was adopted on the following call of the roll:
52
53 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9)
54 Nays: None
55
56 ORDINANCE NO.14-1994
57
58 The Clerk read Ordinance No. - 14 - 1994-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
59 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C.
60 6-1.1-12.1
61
62 Councilmember Donat reported that the committee had met and found that everything is in order for all the
63 applicants and the approval was given unanimously.
64
65 Councilmember Allen moved to suspend the rules and advance Ordinance No. 14- 1994 to second reading,
second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
424
Common Council Minutes Cont'd
February 22, 1994
Page_4
1
The Clerk read Ordinance No. 14-1994 on second reading.
President Parker declared Ordinance No. 14- 1994 on public hearing.
• There being no comments either for or against Ordinance No. 14- 1994, Councilmember McBride moved for
engrossment,second by Councilmember Dickman and the motion was carried on a unanimous voice vote.
Councilmember Lundy moved to suspend the rules and advance Ordinance No. 14- 1994 to third and final
1 reading and read by title only, second by Councilmember McBride and the motion was carried on a
1 unanimous voice vote.
1
1 The Clerk read Ordinance No. 14-1994 on third reading.
1
11
Ordinance No. 14-1994 was adopted on the following call of the roll:
1
1 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and-Parker(9)
11 Nays: None
1
2 ORDINANCE NO.15-1994
2
2 The Clerk read Ordinance No. 15 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 1994
24 BUDGET
2
2 Jeff Lamberson, operations manager of the Richmond Airport, explained that the reason for the change is to
2 purchase additional radio equipment that was not appropriated in the 1994 budget. He said he knew the
2 airport had generated enough money to cover this from the prior year. He added that the radio equipment is
6 years old and needs replaced.
2'
3 Councilmember Hutton noted that the ordinance is changing funding from one classification to another for
3 uniforms. President Parker pointed out that this ordinance deletes $500 from clothing allowance and adds
23' $500 to uniforms and accessories. Councilmember Brookbank asked what the cost of the radios is and
3i Lamberson answered they are about $500 to $600 each, then added that this ordinance is a different one
34 than the one he addressed. Councilmember Elstro moved to hold this ordinance until the next meeting,
3 second by Councilmember Allen and the motion was carried on a unanimous voice vote.
3'
3 ORDINANCE NO.16-1994
31
' The Clerk read Ordinance No. 16 - 1994 - A SPECIAL ORDINANCE AUTHORIZING A GRANT
4' APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE
4
443 President Parker invited Bob Goodwin, director of Planning and Redevelopment,to step forward and explain
the ordinance. Goodwin noted that all Councilmembers had been given a copy of the grant application,
4 noting that it is a community development action grant which is available through the Indiana Department of
4 Commerce. He stated that this grant was initially put together last year by Garrett Boone on behalf of the
4 neighborhood associations. However, it was not processed through Council in a timely manner nor was it
4 possible to find a sponsor at that time, Goodwin said, adding that the state has looked at the application and
4 indicated a favorable attitude, noting that it is one of the better ones submitted. Goodwin said the state was
4 hopeful that the City would return with another application or modify the original one requesting a total of
5 $192,662. He said $50,000 of that would be the amount of the grant and the balance would be the match
5 provided through the Lilly grant which the Urban Enterprise Association has available to it in the amount of
5 $106,662. He added that$18,000 is to be funded by the City of Richmond and another$18,000 by the UEA
5 for 1995. He said the filing deadline is February 28 and there were individuals in the audience available to
5 - answer any questions Councilmembers may have.
55
55 Councilmember Elstro asked Goodwin what would happen if this didn't go through. Goodwin said the
5 $36,000 is for next year and the UEA is presently operating with David Hogg as the administrator of five
5- neighborhoods and that would continue until the Lilly dollars were expended. He said the $50,000 which is
5• being requested would allow the project to go the balance of this year and all of 1995 and would fund a
6 clearing house for the downtown area. Councilmember Elstro asked what would happen if the state turned
6 down the grant Goodwin answered that the initial reaction would be to seek other grants and other
6 opportunities and if none of these was available efforts that are currently going on would have to be scaled
I/
6 back. However, he added, all indications are that it will go.
6
65 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 16 - 1994 to second
reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous
voice vote.
425
Common Council Minutes Cont'd . •
February 22, 1994
Page 5
1
2
3 The Clerk read Ordinance No. 16-1994 on second reading.
4
5 President Parker declared Ordinance No. 16-1994 on public hearing.
6
7 There being no comments either for or against, Councilmember Elstro moved for engrossment, second by
8 Councilmember Hutton and the motion was carried on a unanimous voice vote.
9
10 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 16 - 1994 to third and final
11 reading and read by title only,second by Councilmember Hutton and the motion was carried on a unanimous
12 voice vote.
13
14 The Clerk read Ordinance No. 16- 1994 on third reading.
15
16 Councilmember Donat commented on a letter received from Ball State University strongly supporting the
17 Design Center which would be receiving the benefits from this grant. She urged fellow Councilmembers to
18 vote in favor of the ordinance.
19
20 Ordinance No. 16-1994 was adopted on the following call of the roll:
21
22 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9)
23 Nays: None
24
25 ORDINANCES ON SECOND READING
26
27 There were none.
28
29 ORDINANCES ON THIRD READING
30
31 There were none.
32
33 OLD BUSINESS
34
35 Councilmember Donat asked Councilmember Hutton whether or not a date had been set for the next
36 Committee of the Whole meeting. Councilmember Hutton said no date has been set because schedules are
37 so heavy, but added that she hoped to set a date soon.
38
39 Councilmember Brookbank commented that Council was having so much difficulty finding another attorney
40 that she wished to make a motion to repeal a portion of the December 6, 1993 meeting which reads: "She
41 then amended her motion adding that she wished to appropriate the entire amount of Council funds to retain
42 an attorney for anything Council may have a concern about."
43
44 Councilmember Brookbank said there are several Councilmembers who enjoy working with City Attorney
45 Tom Milligan and she would like to make the motion to repeal the part she read and piggy back it with the
46 notation that any Councilmembers who would prefer to work with another attorney could consult the
47 three-member committee appointed to seek another attorney. She added that she feels money would be
48 saved in the long run by doing it this way. Councilmember Elstro said the committee really didn't have that
49 much trouble finding another attorney and explained that his illness had held things up. He added that within
50 the next week the committee will be interviewing two different attorneys. Councilmember Brookbank
51 reminded Councilmember Elstro there was a motion on the floor and Councilmember McBride seconded it.
52
53 Honoring the request made by President Parker, Councilmember Brookbank restated her motion.
54 Councilmember Hutton stated that she thought that was a moot point since it was last year. Councilmember
55 Brookbank said Councilmembers had met to discuss the attorney situation and had had problems finding a
56 suitable attorney, adding that it is not as easy as it seems. She moved to reinstate Milligan for the
57 Councilmembers who feel they can work with him.
58
59 Councilmember Donat noted that Council did not ask Milligan to leave. He had, in fact, removed himself. She
60 added that she felt it was not up to Council to reinstate someone who had removed himself. She said
61 Councilmember Hutton is correct in that last year's budget does not carry on into this year. She also agreed
62 with Councilmember Elstro that action on the issue of selecting an attorney had been held up due to his
63 illness. Councilmember Brookbank said she felt that when the motion was made at the December 6 meeting
64 some Councilmembers did not understand the impact it would have on the dealings with the City Attorney.
65 Councilmember Elstro said Council did not fire Milligan but Milligan had stepped down voluntarily.
Councilmember McBride commented that he had been with the City in some capacity or another since 1956
and this is the first time he could remember Council firing the City Attorney.
2
Common Council Minutes Cont'd
February 22, 1994
Page 6
Councilmember Donat responded to Councilmember McBride's statement, noting that Council did not fire the
City Attorney, adding that he had stepped down. She reminded her fellow Councilmembers that the motion
had been made at the December 6 meeting in response to an elected official requesting that an ordinance
be written by the City Attorney who was to represent Council. However, he refused to write the ordinance
and it was at that time the majority of Council voted to hire another attorney to write the ordinance. She said
7 it involved one ordinance and Milligan decided that he would no longer work with Council because he didn't
approve of the ordinance that would be written. She said Council hired another attorney when Milligan
refused. She added that the motion does not fit the circumstance.
1
1 Councilmember Brookbank said she is merely asking to reinstate the City Attorney for those
1 Councilmembers who feel they want to and can work with him. Councilmember Dickman asked what the
i1option would be for those who do not wish to work with the City Attorney and Councilmember Brookbank
1 answered that they could confer with the three-member committee and decide whether or not to work with
1 another attorney and those who want to work with Milligan may do so.
1
17 Councilmember Lundy said she would welcome Milligan back, but he was the one who decided he didn't
1 want to do his duties. She added that he could come back if he wanted to, noting that Council had wanted a
1 second opinion on certain things. She said she had no trouble with Milligan. Councilmember Donat said she
2 did not think any of Council had problems with Milligan, adding that she, in fact, had requested that he work
2 with her and he declined. She said it was his choice, not hers, on that particular ordinance. She said
2 Councilmember Brookbank's motion was inappropriate in that it was Milligan's decision to leave.
2 Councilmember Allen called it an awkward situation in light of the letter written by Milligan to
2 Councilmembers noting his intent to step down.
2
2 Councilmember Dickman asked Councilmember Brookbank if she thought it would be possible for her to
2 speak with Milligan before the next meeting. She said she would be glad to. He asked her to get a letter from
2 Milligan noting that he would do work for Council if Council so desired. Councilmember Brookbank rescinded
2 her motion, adding that she would speak with Milligan and have the information requested by the next
3 meeting. Councilmember McBride moved to table the subject.
3
3. MISCELLANEOUS BUSINESS
3
3 President Parker said several members of Council had received an invitation from Indiana University East to
3 attend a workshop for executive and management personnel, adding that they would send a brochure with
3 the pricing information. He asked Councilmembers if it was their wish that anyone who wanted to attend
3 come before Council and make a request or should he as President approve attendance at this function.
36 Councilmember Hutton moved that the Council President approve any trips or conferences anyone wants to
36 attend, second by Counmcilmember Elstro and the motion was carried on a unanimous voice vote.
4'
4 ADJOURNMENT
4
41 There being no further business, on a motion duly made,seconded and passed,the meeting was adjourned.
4
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44,
5' Larry Parker, President
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55
56 ATTEST:
5 Norma Carnes, City Clerk
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